What if I don't show up for court... baby due within days?

Gweedz
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What if I don't show up for court... baby due within days?

Unread post by Gweedz on

Court date is April 6. My wife is due April 2.
If I miss my court date because of this what should I do as soon as I get out?


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FyreStorm
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Unread post by FyreStorm on

Hmmm...I know people who are out of town on business when their wives give birth...but I can see what you're saying...

I would call the prosecution office BEFORE your court date, advise them you would like you matter put over for medical reasons (explain if necessary), they may require you to deliver a hand written / typed request.

Much easier to request an adjournemnt before than to apply to re-open you case later.


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Unread post by Gweedz on

My understanding (which is very limited) is to request an adjournment I have to go in person to make a date, then return on that date to get the adjournment.
So basically 2 days off work just to do this.
Does this sound right or is there an easer way?

What is involved to re-open a case?

Thanks.


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FyreStorm
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Unread post by FyreStorm on

No, you can call the prosecutor and tell them that you'll be unavailable those days and to request your day go to another date, or send someone in your place to court to act as your agent.

If you are found guilty cause you aren't there it may result in a licence suspension, increased insurance premiums and you applications for re-opening may not be granted.

At least if you contacted the prosecutor to request an adjournment and they said no, then you'd have better grounds to get your re-opening.

Just pick up the phone and call, tell them your wife is due within a day or so and you would not be available.


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Unread post by Gweedz on

Thanks for the advice.

This is what I plan to do, please tell me if it makes sense.

Show up before my court date and talk to them to see if I can get it thrown out on technicalities. I was told I can show up any day (M-F) at 9am - no appointment or anything else needed. If they throw it out, great. If they don't, or they try to reduce it, I will politely decline, then ask to have the court date adjourned.

Does it work this way?


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Unread post by FyreStorm on

Not here...

Your court date is your court date, you can meet with a Justice prior, but not sure what you're gonna argue, mostly unless there's a fatal flaw on the ticket faced it's a triable matter...if you absolutely want the smoothest path, take my advice...

I joined this board for several reasons but mostly it was to help people who show up in court lost...

When I charge someone at an MVC scene, I know they are getting whacked with the claim, I tell them to fight the ticket, you never know...

Unless someone is a complete a$$ with me, I could absolutely care less if they win or lose in court, I get nothing for writing tickets and nothing for convictions...I just call em the way I see em, always have...


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Unread post by Radar Identified on

Some places have "walk-in First Attendance" where you can walk in and meet with a Prosecutor to try to resolve the issue before the court date... as it does in your case. Do NOT avoid the court date. Re-opening a case is like pulling teeth. Get it moved, or resolve it early, but do something about it!

If it really comes down to it, go in early, talk to the Crown and file a motion to move your trial date. The delay would be charged to you, but that doesn't so much affect the outcome of a trial as it squelches any possibility of getting a stay of charges due to 11B (unreasonable delay of trial charged to Crown).
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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Unread post by Gweedz on

I think this is what I'll do.

I'll walk in tomorrow morning to meet the Justice?Prosecutor (what's the difference?). I'll mention there is no valid time shown in the officer's notes for a retest of the laser gun during that day. If this is enough to squash the ticket, great. If not I'll ask for an adjournment because of my wife's pregnancy and I really don't think I'll be able to make the date. If he doesn't give it to me at least I can use this as a defense to reopen the case if I have to miss it. If he gives it to me I don't think it matters that the delay is charged to me... at least it'll give me more time to go over my strategy since things have been pretty hectic around the house to past few weeks.


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Unread post by FyreStorm on

Justice = Justice of the Peace (judge)

Prosecutor - Crown Attorney






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